The implementation of the National Practice Model for advocacy in the Children's Hearings System. An Independent evaluation report of the national Children's Hearings Advocacy Scheme was published in October 2024, which evidenced significant success of the introduction and development of the mainstream provision (s.122 of the Children's Hearings (Scotland) Act 2011.)
From April to July 2025, the Scottish Government held meetings and discussions with a variety of individuals and organisations to gather views on non-instructed/affirmative action advocacy in relation to the redesigned Children's Hearings System. A multi-agency workshop was held on 25th June.
The Promise Scotland published a scoping document, which sets out a four- phased approach to developing a national lifelong advocacy service for care experienced children, adults and families. As part of this work The Promise Scotland engaged with advocacy providers including Barnardo's Scotland, the Scottish Independent Advocacy Alliance, Who Cares? Scotland and Aberlour.
The Scottish Government introduced the Children (Care, Care Experience and Services Planning) (Scotland) Bill to the Scottish Parliament on 17th June 2025 which requires Sottish Ministers to set out rights of access to advocacy for care experienced children and adults and for earlier access to advocacy in the Children's Hearings System. Since publication of The Promise Scotland scoping document and as part of the process to develop the Bill and the advocacy provisions within it, the Scottish Government has been engaging with advocacy providers, COSLA and local authorities to develop a full picture of current advocacy provision in Scotland and to understand delivery requirements and integration with existing provision. To complement this engagement, the Scottish Government is conducting analysis to develop a more accurate understanding of the size of the care experienced population, particularly those over 40 years of age, and to develop robust estimates for the level of need and demand for lifelong advocacy for people with care experience.
The Education, Children and Young People Committee will publish a report following evidence taken from key stakeholders during Stage 2 of the parliamentary scrutiny process which will make reference to the evidence heard about the advocacy provisions in the Bill.
Subject to parliamentary passage of the Children (Care, Care Experience and Services Planning) (Scotland) Bill and Ministerial consideration, this route map will be updated to reflect the specific years that activity will be progressed from 2026 towards 2030.
Continued progression of the Children (Care, Care Experience and Services Planning) (Scotland) Bill (subject to parliamentary approval), which contains provisions to confer rights of access to care experienced advocacy service and an earlier offer of advocacy to children engaged in the Children’s Hearings System.
At Stage 2, the Bill, will be scrutinised in detail by the Education, Children and Young People Committee and amendments will be proposed and debated. This will include all of the elements within it that relate to advocacy, its definitions, and its provisions. The Scottish Government will continue to engage with stakeholders throughout Stage 2 and will respond to feedback and evidence submitted to the Committee as required.
At Stage 3, the Bill will return to the Scottish Parliament and consideration will be given to the provisions relating to advocacy (in addition to the other areas of the Bill) (subject to parliamentary approval). If the Bill is passed, it will be sent for Royal Assent and become an Act.
The Scottish Government will work alongside advocacy organisations to establish the most appropriate legislative vehicle to integrate non-instructed advocacy within the redesigned Children's Hearings System.
The Scottish Government will continue to engage with stakeholders, including advocacy providers, COSLA and representatives from the care experienced community. This engagement will help to develop further understanding of the advocacy landscape in Scotland and identify areas of unmet need. The engagement will also inform the development of the regulations and any associated implementation and resource planning, subject to the passage of the Bill.
Subject to the passage of the Bill, the Scottish Government will launch a programme of engagement to inform development of the regulations setting out how the right to access care experienced advocacy will be delivered. This engagement will include discussions with the care community, advocacy providers, local authorities and other stakeholders.
The regulations will set out the key principles that will underpin the provision of care experienced advocacy including setting out how the right to access care experienced advocacy services will operate, the definition of 'independent advocacy' for the purpose of the provision, eligibility criteria and any training or qualification requirements for advocacy providers to be held by persons providing care experience advocacy services.
Advocacy for cross-border foster homes will be delivered through the Children (Care, Care Experience and Services Planning) (Scotland) Bill, subject to parliamentary approval. The advocacy duty in the 2026 Cross Border Placement of Children (Requirements, Effect and Enforcement) (Scotland) Regulations applies to residential homes for children only, with parallel provision for foster care expected to come into force through the Bill. This ensures a consistent rights-based approach across residential and foster homes without duplicating provision in secondary legislation.
The following activities will take place over the course of 2026-2030 (exact dates to be updated subject to the passage of the Children (Care, Care Experience and Services Planning) (Scotland) Bill:
Once regulations relating to the advocacy provisions in the Children (Care, Care Experience and Services Planning) (Scotland) Bill have been drafted, these will be laid by the Scottish Government before Parliament. Parliament will scrutinise the regulations under the affirmative procedure and, if approved, they will be made by Scottish Ministers.
Subject to parliamentary approval of the regulations, the Scottish Government will work alongside delivery partners to prepare for the implementation and operationalisation of the right to access care experienced advocacy services. Throughout this process, the Scottish Government will engage with advocacy providers and local authorities to understand what support they may need during the implementation of the regulations. This will include consideration of training and development requirements, systems and infrastructure needs, and any other support required to ensure successful delivery.
The regulations will come into force on a date to be specified by the Scottish Parliament to keep the promise by 2030. Implementation will be sequenced with other changes required to keep the promise.
The Scottish Government will work with partners to establish appropriate mechanisms to track the implementation and effectiveness of the right to access care experienced advocacy once it is operational. This will enable monitoring of progress and identification of any emerging issues to ensure the advocacy services adequately meets the needs and upholds the rights of care experienced people and supports continuous improvement as the promise is kept.
The Scottish Government will continue to work with advocacy providers, local authorities and children and families to understand how the right to access care experienced advocacy could be expanded to support families, in line with the conclusions of the promise and informed by the Phase Four proposals set out in The Promise Scotland's December 2023 advocacy scoping paper. As part of this work, the Scottish Government will develop understanding of the scope of whole family support required for care experienced families which may include access to advocacy services.
There are no milestones identified for this year yet. Once progress is made in earlier years, the work required in this year will be clearer and milestones will be added here.
The activities outlined to take place between 2026 and 2030 will continue. This route map will be updated with more detail, including dates, once available.
The activities outlined to take place between 2026 and 2030 will continue. This route map will be updated with more detail, including dates, once available.
All children and care experienced adults will be able to access high-quality independent advocacy if and when they need it.
Work will also have been undertaken, informed by The Promise Scotland's advocacy scoping paper (published in December 2023) and the views of advocacy providers and children and families, to understand how families can access high-quality independent advocacy if and when they need it.
